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Accidentally registered domain with trademark - what to do?

ttfan

Top Contributor
I've just realised I own a .com.au domain that has an active trademark. The domain name is actually listed in the trademark page on ATMOSS.
Obviously they've let it expire though.
What should I do?
 

Joel

Top Contributor
Is the trademark in the same category as what you plan on doing with the domain name?
 

ttfan

Top Contributor
Delete it or get your registrar to delete it for you.
So I would just lose the registration fee?
Is there harm in keeping it if I don't use? Could I just park it until they claim it, and when they claim it I simply return it to them?
 

ttfan

Top Contributor
Is the trademark in the same category as what you plan on doing with the domain name?
I have plans to use it in a different catagory, but as I mentioned, the domain URL is mentioned on their tradename page on ATTMOSS, it might be part of the tradename.
 

ttfan

Top Contributor
Doing some more investigation, it looks like the domain has not been used for many years, with no website on there. The trademark will also expire early 2016.
It may well be that the business closed down many years ago, and they've forgotten about the domain and let it expire.
 

findtim

Top Contributor
i'd do more research based on the 2016 date, try to find out if there is anything currently operating as a business on or offline
i wouldn't deregister until i knew more, i have heard of being able to win for "non use" but i'm no lawyer.
seek lawyer advice if you think the name is worth the costs

tim
 

johno69

Top Contributor
Do nothing unless challenged now, considering the trade mark renewal date approaching.
If it gets renewed delete it, if not keep it.
 

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